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Judgment Bnss

The document outlines the post-trial processes in criminal jurisprudence, focusing on the definition and requirements of a judgment, including its delivery and content. It specifies the procedures for pronouncing judgments, the language to be used, and the necessity for the judgment to reflect the reasons for the court's decision. Additionally, it discusses orders related to notifying the addresses of previously convicted offenders and the imposition of compensation for victims of crimes.

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Srimathi S
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© © All Rights Reserved
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0% found this document useful (0 votes)
538 views9 pages

Judgment Bnss

The document outlines the post-trial processes in criminal jurisprudence, focusing on the definition and requirements of a judgment, including its delivery and content. It specifies the procedures for pronouncing judgments, the language to be used, and the necessity for the judgment to reflect the reasons for the court's decision. Additionally, it discusses orders related to notifying the addresses of previously convicted offenders and the imposition of compensation for victims of crimes.

Uploaded by

Srimathi S
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

, \. ...

, UNIT IV
' '

POST-TRIAL PROCESSES
NI 0GA..v., 1 e'6lm M-11~ f-" • CHAPTER 1

1j[t @)· JUDGMENT

'Judgment' means the expression of the opinJ9n of the Judge· or


Magistrate arrived at after due consideration of the evidence and of the
arguments. Judgment means a verdict of conviction or acquittal ,but n~n
-order of discharge under Section 268. It is a fundamental rule of criminal
jurisprudence that the judge who hears the evidence should write the
judgment.
The judgment is the final reasoned decision of the Court as to the guilt
-
or innocence of the accused. Where the accused is found guilty, the judgment
would include an order requiring the accused to undergo the prescribed
punishment or tr~tment. A judgment is the final decision of the Court
intimated to the parties and the world at large by formal pronouncement or
delivery in open Court.

Judgment (Sec. 392)


(1) The judgment in every trial in any Criminal Court of original
jurisdiction shall be pronounced in open Court by the presiding officer
immediately after the termination of the trial or at some subsequent time not
later than forty-five days of which notice shall be given to the parties or their
advocates,-
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or
(c) by r~~in out the o erative art of the 'udgment and
explaining the substance of the judgment in a language w ch is
understood by the accused or his advocate.
(2) Where the .i!tdgment is delivered under clause (a) of sub-section (1),
the presiding officer shall cause it to be taken down in short-hand, sign the
transcript and every page thereof as soon as it is made ready, and write on it
the date of the delivery of the judgment in open Court.
(3) Where the judgment or the operative part thereof is read out under
clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated
and signed by the presiding officer in open Court, and if it is not written with
his own hand, every page of the judgment shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in clause
(c) of sub-section (1), the whole judgment or a copy thereof shall be
immediately made available for the perusal of the parties or their advocates
free of cost:
Provided that the Court shall, as far as practicable, upload the copy of
the judgment on its portal within a period of seven days from the date of
( 316)


POST-TRIAL PROCESSES 317

judg men t.
ght up to bear the
(5) If the ?ccu sed is in custody, he shal l be brou o-video electronic
ugh audi
juc_!gment pron ounc ed eith er in-----yers on or thro
-
mea ns.
ired by the Cou rt to
(6) If the accu sed is not in custody, he shal l be requ
exce pt whe re his pers onal
atten d to hear the judg men t pron ounc ed,
with and the.s ente nce is one
atten danc e duri ng the trial has been disp ense d
of fine only or he is acqu itted : ~
ons than one, and one
Prov ided that whe re ther e are mor e accu sed pers
on whic h the judg men t is
or more of them do not atte nd the Cou rt on the date
r to avoi d undu e dela y in
to be pron ounc ed, the pres idin g officer may, in orde notw ithst andi ng thei r
men t
the disp osal of th~ case , pron ounc e the judg
absence.
rt shjil l be deem ed to be
• (7) _No judg men t deliv ered by any Crim inal Cou
y or his advo cate on the day
invalid by reas on only of the abse nce of any part
or of any omis sion to serv e,
or from the plac e noti fied for the deliv ery there of,
cate s, or any of them , the
or defect in serv ing, on the part ies or thei r advo
notice of such day and place.
limi t in any way the
(8) Noth ing in this sect ion shal l be cons true d to
exte nt of the prov ision s of secti on 511.
.C.
This Sect ion corr espo nds to Sect ion 353 of the Cr.P
)
Lan gua ge and con ten ts of jud gm ent (Sec . 393
(1) Exce pt as othe rwis e expr essly prov ided
by this San hita , ever y
judg men t refe rred to in sect~on 392 -
(a) shal l be writ ten in the lang uage of the Cou rt;
ation , the deci sion
(b) shal l cont ain the poin t or poin ts for dete rmin
ther eon and tile reas ons for the decision;
the sect ion of the
(c) shal l spe~ify the offence (if any) of whic h, and
er whic h, the accu sed is
Bha ratiy a Nya ya San hita , 2023 or othe r law und
ence d;
convicted, and the pun ishm ent to whic h he is sent
offence of whic h
(d) if it be a judg men t of acqu ittal , shal l stat e the
at liber ty.
the accu sed is acqu itted and dire ct that he be set
a Nya ya San hita , 2023
(2) Whe n the conv ictio n is und er the Bha ratiy
and it is doub tful und er whic h of two secti ons,
or und er whic h of two part s of
, the Cou rt shal l disti nctl y
the sam e secti on, of that San hita the offence falls
nati ve.
express the sam e, and pass judg men t in the alter
shab le with deat h or, in
(3) Whe n the conv ictio n is for an offence puni
imp riso nme nt for a term of
the alter nativ e, with imp riso nme nt for life or
sent ence awa rded , and, in
Years, the judg men t shal l stat e the reas ons for the
the case of sent ence of deat h, the spec ial reason_§_ for such sent ence .
ble with imp riso rupe nt
fo (4) Whe n the conv ictio n is for an offence p~n isha
rt imp oses a sent ence ,of
~ ~ teon of ooe year or mor~, but the Gou
it shal l r~o rd its reas Qns
forpnsonn_ient for a t!:rm of less than thre e mo1:ths,
is one of imp riso nme nt till
th a~ar ding such sent ence , unle ss t?te sent ence
tried sum mar ily und er the
re ?~1ng of t1'le Cou rt or unle ss the case was
P ovi5 ions of this San hita .
<\
\) 8 ✓
318
..J • THE BHARATIYA NAGARIK SURAKSHA SAN
HITA, 2023

' \ ) ~ (S) Wh en any per son is ~nt en~


ed to dea th, the sen tenc e sha ll direct
tha t he be han ged by the nec k till he is
dea d.
(G) E,:e ry ord er und er sect ion 136 or
sub -sec tion (2) of section 157 and
ry final ord er mad e und er sec tion 144, sec
eve tion 164 or section 166 shall
contain the poi nt or poi nts for dete rmi• •
nati on, the d ec1s • 1on
• t h ereon
and the
reasons for the decision.
Thi s Section corresponds to Sec tion 354
of the Cr.P.C.
Generally, the 1._udgment in a crim inal cas
e co~ men ces wit h a statement
of facts in respect of whi ch the acc use
d per son is cha rge d. The judgment
indicates a careful ana lysi s and app rais
al of the evid enc e whi le reaching the
conclusions reg ard ing the proof of the
facts. A con side red jud gm ent should
clearly men tion in the judgm'7nt the reas
ons for acceptir~.g one and rejecting
the oth er of the two viewpoints of the par
ties .
v--Ifi Sta te of M.P. v. Kas hira m & others, 1
it was obs erve d tha t punishment
to be awa rde d for a crime mu st not be irre
leva nt. It sho uld conforin to anctbe
consistent wit h the atro city and bru tali
ty wit h whi ch the crime has been
per petr ated , the eno rmi ty of the crim e
war ran ting pub lic abhorrence and it
sho uld respond to the society's cry for just
ice aga inst the crim inal .
~n Sta te of Ma har ash tra v. Goraksha
Am baj i Ads ul, 2 it has been held
tha t recording of special reas ons by cou
rt is man dato [Y in term s of Section
354(3) of the Code of 1973 (Sec. 393 of Bha
rati ya Nag arik Sur aks ha Sanhita),
in respect· of awa rd of dea th penalty, as
one of 'rar est of rare '.
v!n San tosh Kum ar Sat ishb hus han Bar
has bee n observed tha t sen tenc e of rigo rou iya r v. Sta te of Maharashtra, it
3
s imp riso nm ent for life imposed· on
the acc used persons, for commission of offence
<
the bas is of evidence of approver, can be
Q of mu rde r of the deceased, on
said to be pro per mor e so because the
accused per son s wer e Jobless you th wit hou
t any crim inal record.
In Ank ush Ma ruti Shi nde v. Sta te of Ma
tha t awa rd of sen tenc e on conviction mu har ash tra, it has bee n observed
4

st be mad e on consideration of, (a)


nat ure of the crime, (b) ma nne r of pla nni
ng and commission of, the crime, (c)
motive thereof, (d) con duc t of the accuse
d, (e) nat ure of wea pon used, and (f)
oth er atte ndi ng circ ums tanc es.
In Bik ram Dorjee v. Sta te of West Bengal, 5
of pun ishm ent sho uld be pro por tion ate it has bee n hel d tha t quantum.
to the deg ree of offender's crime, as
inad equ acy in pun ishm ent wou ld do mo
re har m to the just ice sys tem .
In Sta te of Ma dhy a Pra des h v. Kas
hira m and others,6 it has been
observed tha t the object of imp osit ion
of pun ishm ent is tha t it should,
'res pon d to the society's cry for just ice
aga inst the crim inal ', whi ch would be
in conformity and con sist enc y wit h atro
city and bru tali ty in commission of the
offence.

1. 2009 Crl. L.J. 1530 (S.C.).


2. A.i.R. 1911 S.C. 2689.
'
3. A.LR. 2010 S.C.W. 1130.
4. A.LR. 2009 S.C. 2609.
5. A.LR. 2009 S.C. 2539.
6. A.LR. 2009 S.C. 1642.
POST-TRIAL PROCESSES
319
·
Order for notifyi ng addre o f previo
(Sec. 394) ss usly convic ted offende r
(1) When any _persoo. having been convict d b C .
offence punisha ble with impriso nment for at e f ytha ourt In India of an
. again· . d of any offence punisha ble 'th ·
. convicte erm o ree years or upwards
• '
IS • '
wt Impnson ment for a term of
giree yeafS or upward s by any Court other than that of a Ma istrate of the
second class, ~ a sentence
such Court may;, if it thinks fit , at the t·ime of passing
. .
of unpnson ment on such person, also order that his residence and any change
of, o~ absence from, such residence after release be notified as hereinafter
provided for a term not exceeding five years from the date of the exPiration of
such sentence . ----
(2) The provisions of sub-section (1) shall also apply to criminal
conspiracies to commit such offences and to the abetmen t of such offences and
attempt s to commit them.
(3) If such c.9nviction is set aside on appeal or otheiwise, such order
shall become void.
(4) An grder under this section may also be made by an Appellate Court
or by the High Court or Court of Session when exercising its powers of
revision.
(5) The State Governm ent may, by notification, make rules to carry out
the provisions of this section relating to the notification of residence or change
of, or absence from, residenc e by released convicts.
(6) Such rules may provide for punishm ent for the breach thereof and
any person charged with a breach of any such rule may be tried by a
Magistrate of compete nt jurisdic tion in the district in which the place last
notified by him as his place of residenc e is situated .
This Section correspo nds to Section 356 of the Cr.P.C.
Section 394 of the Bharati ya Nagarik Suraksh a Sanhita provides that
the Court may order notifyin g address of previously convicted offender for the
given offences at the time of passing the sentence s.

Order to pay compe nsatio n (Sec. 395)


(1) When a Court imposes a sentenc e of fine or a sentence (including a
sentence of death) of which fine forms a part, the Court may, when passing
judgment, order the whole orany part of the fine recovered to be applied -
(a) in defrayin g the expense s properly incurred in the prosecytion;
(b) in the paymen t to any person of ◄compensatiqn for any loss or
jnjwy caused by the offence, when compen sation is, in t~e opinion of the
Court, r:ecoverable by such person in a Civil Court; (Ylc:J-, ~ ~
(c) when any person is convicted of any offence for having caused
the death of another person or of having abetted the commission of such
an offence, in paying compen sation to the persons who are, under the
.fatal Accidents Act, .1855 (13 of 1855), entitled to recover damagP.s from
the _person sentenc ed for the loss resultin g to them from such death;
"(d) when any person is convicted of any offence which includes
theft, crimina l misappr opriatio n, cpmina l breach of trust, or cheating , or
of having dishone stly received or retained , or of having voluntar ily
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
320

assis ted in disposing of, stole n prope rty ki:iowing or havin


g reason to
believe the same to be stolen , in comp ens~t ing any bona fide
purchaser
of such prope rty for the loss of ~he same if such prope rty
is restored to
the possession of the perso n entitl ed there to.
(2) If the fine is imposed in a case whic h is subJe.ct to appea
l, no such
paym ent shall be made before the perio d allowed for p~ese
ntlng the appea}
has elapsed, or, if an appea l be prese nted, before the decision
of the appeal.
(3) When a Cour t imposes a sente nce, of whic h fine does
not form
part, the Cour t may, when passi ngjud gmen t, order the accus
ed perso n to pa;
by way of compensation, such amou nt as may be specified in
the order to th~
person who has suffered any loss or injur y by reaso n of the
act for which the
accused person has been so sente nced.
(4) An order unde r this sectio n may also be made by an Appe
llate Court
or by the High Cour t or Cour t of Sessi on when exerc ising
its powers of
revision.
(5) At the time of awar ding comp ensat ion in any subse quen
t civil suit
relati ng to the same matte r, the Cour t shall take into accou
nt any sum paid
or recovered as comp ensat ion unde r this section.
This Section corre spond s to Secti on 357 of the Cr.P.C.
The object of Secti on 395 of the Bhar atiya Naga rik Sura ksha
to provide comp ensat ion payab le to the perso ns who are entitl Sanh ita is
ed to recover
dama ges from the perso n sente nced even thoug h fine does not
form part of the
sentence.
In awar ding comp ensat ion it is neces sary for the Cour
t to decide
whet her the case is a fit one in whic h comp ensat ion has to be
awarded. If it is
found that comp ensat ion shou ld be paid, then the capac ity
of the accused to
pay a comp ensat ion has to be deter mine d. It is the duty of
the Cour t to take
into accou nt the natur e of the crime , the injur y suffered, the
justn ess of the
claim for comp ensat ion, the capac ity of the accused to pay
and other relevant
circu mstan ce in fixing the amou nt of fine or compensation.

Vict im com pens atio n sche me (Sec . 396)


(1) Ever y State Gove rnme nt in co-ordination with
the Central
Gove rnme nt shall erepa re a ss;beJ'lle for p~oviding funds
for the Eurpose 9f
comp ensat ion to the victim or his depe nden ts who have suffe
red loss or injury
as a resul t of the crime and who requi re rehab ilitati on.
(2) When ever a reco ~end ation is made by the
compensation, the Distr ict Lega l Servi ce Auth ori~ or the State Court for
Authori!)', as the case may be, shall decide the quan tum of--~o Legal Service
mpensation to be
awar ded unde r the schem e refer red to in sub-s ectio n (1).

(3) If the trial Cour t, at the conclusion of the trial, is satisf
ied, that the
comp ensat ion awar ded unde r sectio n 395 is ~ot adequ
·rehab ilitat lon, or wher e the cases end in acqu ittal or disch ate for _such
arge and the victim
has to be rehab ilitat ed, it may make recom mend ation for comp
ensaUon.
(4) Whe re the offend~r is not trace d or identifi~d, but
ident ified, and wher e no trial takes place, the yictim or his the victim is
dependents may
make an appli catio n to the State or the Distr ict Lega l Serv"ices Autho
!_ity for
awar d of comp ensat ion.
POST-TRIAL PROCESSES 321

und er
m~ ndatlons or on the application
(5) . On c,eceipt of suc h recom ll, aft er
Sta te or the Dis trict Legal Services Authority sha
sub-section (4), the ting the enq uir y within
penSJltlon by comple
due enquiry aw ard a.9eguate com
two months. case may
(6) Th e _?t ate or the Dis tric t Legal Services Authority, as the t-aid
-
via te the suf fer ing of the victim, ma y ord er for immediate firs cate
be, to alle certifi
ma de available free of cost on the
fac ilit yor medical benefits to be cha rge of the police
cJ the police officer not below the ran k of the officer in m relief as
tion or a Ma gis tra te of the are a concerned, or any oth er int eri
sta fit.
the appropriate aut ho rity deems er thi s
(7) The COJ!!pensation pay abl
e by the Sta te Government und n
be in add itio n to the pay me nt of fine to the yictim un der sectio
section shall ara tiy a Nyaya
(1) of section 124 of the Bh
65, section 70 and sub-section
Sanhita, 2023.
357-A & 357-B of Cr.P.C
This Section consists of Sections h the
Government in cooperation wit
This section dir ect s eve ry Sta te the pur pose
ntral Go ver nm ent to pre par e a scheme for providing funds for los s or
Ce dep end ent s who hav e suffered
sat ion to the vic tim or to his
of compen compensation
injury as the res ult of crime
who req uir e rehabilitation. Su ch of fine to
d by the Sta te Go ver nm ent sha ll be in addition to the pay me nt
pai
the victim und er given offence.

Treatment of vic tim s (Sec. 397) er run by the Ce ntr al Government


,
pita ls, pub lic or pri vat e, wh eth
All hos mediately,
ies or any oth er person, sha ll im
the State Government, local bod of any
the firs t-a id or me dic al tre atm ent , free of cost, to the victims
provid e
d un der sec tio n 64, sec tio n 65, section 66, section 67, sec tio n 68,
offence covere tiy a Ny aya
n (1) of section 124 of the Bh ara
section 70, section 71 or sub-sectio 6,- 8 or section 10 of the Pro tec tio n of
4,
Sanhita, 2023 or un der sections 2 (32 of 2012), and sha ll im me dia tel y I
Sex ual Off enc es Ac t, 201 !
Children from
inform the police of suc h incident. I
n 357C of ~e Cr.P.C.
This Section corresponds to Sectio id or
hos pit als sha ll provide the firs t-a
This section provides tha t all the enc es an d
al tre atm ent im me dia tely , fre e of cost to the victims of oft
medic
ice of suc h incident.
shall immediately inf orm the pol
--
c~ 398)
Witness pr ote cti on ~c he me (Se tio n
par e and notify a Wi tne ss Pro tec
Every Sta te Go ver nm ent sha ll pre ses .
to ens ure protection of the wit nes
.Schem~ for the Sta te wi th a_view
Cr.P.C., 1973.
There is no sim ila r section in the
nd les sly ar re ste d (Se c. 399)
Compensation to pe rso ns gr ou ano the r
ses a police officer to arr est
(I) Whenever c!.,ny per son cau rd tha t the re
, ~ , if it app ear s to .the ¥a
gis tra te by whom the cas e is hea
, the Ma gis tra te ma y aw ard
sin g suc h arr est
was ~o sufficient gro und for cau tho usa nd rup ees , to b~ paid by the
sat iqn , no t exc eed ing one
s~ch, compen of tim e an d
o cau sin g the arr est to the per son so arr est ed, for his loss
~ gis tra te thi nk s fit=:
:Xpenses in the ma tte r, as the Ma
322 ~ THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

(2) In such cases, if more person s than one are arreste d, the Mag·
may, in like manner , award to each of them such compen sation, not exc~~t e
one thousan d rupees, as such Magist rate thinks flt. ding
(3) All cQmpensation awarde d under this section may be ~CQVPreti .
it were a fine, and, if it cannot be so recovered, the person by whom ~ ~
payable shall be sentenc ed to _simple impriso nment for such term--is
exceeding thirty days as_ the Magist rate directs , unless such sum is SOonot
- ner
paid.
This Section corresponds to Section 358 of the Cr.P. C.

Order to pay costs in non-c ogniz able cases (Sec. 400)


(1) Whenever any compla int of a non-cognizable offence is made to
Court, the Court, if it convicts the a~cused, may, in additio n to the penal;
imposed upon him, order him to pay to the compla inant, in whole or in part,
the cost incurre d by him in the prosecution, and may further order that in
default of paymen t, the accused shall suffer simple impriso nment for a period
not exceeding thirty days and such costs may include any expenses incurred
in respect of process-fees, witness es and advocate's fees which the Court· may
consider reasonable.
(2) An order under this section may also be made by an Appellate Court
or by the High Court or Court of Session when exercising its powers of
revision.
This Section corresp onds to Section 359 of the Cr.P.C.

Order to releas e on proba tion of good condu ct or after


admo nition (Sec. 401)
(1) When any person not under twenty -one years of age is convicted of
an offence punish able with fine only or with impriso nment for a term of sev~
~ars or less, or when any person under twenty- one years of a&e or any
woman is convicted of an offence not punish able with death or imprisonment
for life, and no revious convictionis roved against the offender, if it app~s
to the Court before which e is convicte , regard being ad to the age,
charac ter or anteced ents of the offender, and to the circum stances in which
the offence was commi tted, that it is expedi ent that the offender should be
release d on probati on of good conduct, the Court may, instead of sentencing
him at once to any punish ment, direct that he· be release d on his enterin g i?to
a bond or bail bond to appear and receive sentenc e when called upon durlllg
such period (not exceed ing three years) as the Court may direct, and in the
meanti me to keep the peace and be of good behavior:
Provide d that where any first offende r is convicted by a Magist rate;f
the second class not special ly empow ered by the High Court, and be
Magist rate is of opinion that the powers conferr ed by this section sho~dthe
exercised, he shall record his opinion to that effect, and subrmt e
proceed ings to a Magist rate of the first class, forward ing the accus~d to, c:;
taking bail for his appear ance before, such Magist rate, who shall dispose
the case in the manne r provide d by sub-sec tion (2). .
(2) Where proceed ings a.re submit ted to a Magist rate of the first class ~
provide d by sub-sec tion (1), such Magist rate may thereup on P8:55 sue

_ .....illllll
➔-

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023


324

•a1
Spec1 reasons t o be recorded in certain cases
.
(Sec. 402)
.
Where many case the Court could have dealt with-
(a) an accused person under section 401 or under the provisions of
the Probation of Offenders Act, 1958 (20 of 1958):_ or .
(b) a youthful offender under the Juvenile Justice (Care and
of Children) Act, 2015 (2 of 2016) or any other law for the t ; -
Prot ection . . h bili'tati ~ue
being in force for the treatment, trarmng or re a on of youthfui
offenders,
but has not done so, it shall record in its judgment the special reasons for not
having done so.
This Section corresponds to Section 361 of Cr.P.C., 1973.
'
Court not to alter judgment (Sec. 403)
Save as otherwise provided by this Sanhita or by any other law for the
time being in force, no CQ!.Irt, when it h~ signed its judgment or final order
qisposing_Q[a case, shall ~ter or review the same except t o ~ c a l
or acithmetic,aLear. •
-- This Section corresponds to Section 362 of Cr.P.C., 1913.

Copy of judgment to be given to accused and other persons


(Sec. 404)
(1) When the accused is sentenced to imprisonment, a C.2QY_of the
judgment shall, immediately after the pronouncement of the judgment, be
giveo to him free of cost.
(2) On the !PPlication of the accused, a s_ertified copy of the judgment,
or when he so desires, a yanslation in his own languag~ if practicable or in
the language of the Court, shall be given to biro without delay, and such copy
shall, in every case where the judgment is appealable by the accused, be given
free of cost: -
Provided that where a sentence of death is passed or confirmed by the
High Cou(t, a certified copy of the judgment sha]] be iroroedjate1¥ given to the
accused free of cost whether or not he applies for the same.
(3) The provisions of sub-section (2) shall apply in relation to an order
under section 136 as they apply in relation to a judgment which is appealable
by the accused.
(4) When the accused is sentenced to death by any Court and an appeal
lies from such judgment as of right, the Court shall inform him of the period
within which, if he wishes to appeal, his appeal should be preferred.
(5) Save as otherwise provided in sub-section (2), any person affected by
ajudgment or order passed by a Criminal Court shall, on an application made
in this behalf and on payment of the prescribed charges, be given a copy of
such judgment or order or of any deposition or other part of the record:
Provided that the Court may, if it thinks fit for some special reason, give
it to him free of cost: •
Provided further that the Court may, on an application made in this
behalf by the Prosecuting Officer, provide to the Government, free of c0st• a
certified copy of such judgment, order, deposition or record.


POST-TRIAL PROCESSES
325

(6) The High Court ~~y, by rules, provide for the grant of copies of any
judgment or order of a Cnnunal Court to any person who is not affected by a
judgment or order, on payment, by such person, of such fees, and subject to
such conditions, as the High Court may, by such rules, provide. -
This Section corresponds to Section 363 of Cr.P.C., 1973.

Judgment when to be translated (Sec. 405) .


The original judgment shall b~ filed with the record of the proceedings
and where the ~~_!ginal is recorde9 in a language different from that of the
- a translation thereof into the language
c_o,1rt. and if_either party so requires,
of the Court shall be added to such record.
This Section corresponds to Section ~4 of C~.C., 1973.

Court of Session to send copy of finding and sentence to


District Magistrate (Sec. 406)
In cases tried by the Court of Session or a Chief Judicial Magistrate, the
Court or such Magistrate, as the case may be, shallJorwar.d a copy of its or his
finding and sentence (if any) to the District Magistrate within whose local
~ ju_r.j._sdiction the trial was held. "(""
This Section corresponds to Section 3(p of Cr.RC., 1973.
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